N.Y. CPLR § 6223

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6223 Vacating or modifying attachment § 6223. Vacating or modifying attachment. (a) Motion to vacate ormodify. Prior to the application of property or debt to thesatisfaction of a judgment, the defendant, the garnishee or any personhaving an interest in the property or debt may move, on notice to eachparty and the sheriff, for an order vacating or modifying the order ofattachment. Upon the motion, the court may give the plaintiff areasonable opportunity to correct any defect. If, after the defendanthas appeared in the action, the court determines that the attachment isunnecessary to the security of the plaintiff, it shall vacate the orderof attachment. Such a motion shall not of itself constitute anappearance in the action.(b) Burden of proof. Upon a motion to vacate or modify an order ofattachment the plaintiff shall have the burden of establishing thegrounds for the attachment, the need for continuing the levy and theprobability that he will succeed on the merits.